Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-03-07
A GOOD VETO.

A GOOD VETO.
Governor Bartlett Does Him Honor by
Killing the Cohen Stamp Act.
The Governor on Saturday returned to
| the Legislature Assembly Bill 90, generally
known as The Cohen Stamp Bill, refus-
ing to approve it, which action is in accord
ance with the general sentiment and urgent
wish of the people. Following is the Ex-
ecutive veto:
THE VETO MESSAGE.
STATE OF CALIFORNIA,
EXECUTIVE DEPARTMENT.
SACRAMENTO, March 5, 1887.
To the Assembly of the State of California:
l herewith return, without approval, Sub
stitute for Assembly Bill No. So, entitled
An Act to protect the manufacturing inter
ests of this State,'n with my objections
/ thereto as follows:
First-The bill is too broad and too in
definite. 1t applies to ''eUeyy maker or
manufacturer of any article made or manu-
| featured in this State (Secfion H. and re-
quires the article" to be imprinted, label
ed, or stamped, unless ''it would be impos-
sible, impracticable, or unnecessary, for the
the purpose of carrying out the true intent
of this Act Section 81, in which case the
cover or package may be stamped, or tag
| attached. 1t is to be noticed that the "arti-
cle' need not be made for sale, and there
fore it seems to apply to articles made in
the household as we'll as in the factory
The clause of Section quoted sufficiently
indicates the indetiniteness of the Act, and
how impossible it would be, in many cases.
| for the maker of an article to determine
| whether he must label or stamp it accord
| ing to Section 8, or go to jail under Section
| 1. Further, by Section 2, mer-
chant or other person is not prohib-
tied from selling an article wheth-
| er labeled or not, manufactured in
any other State or country, but if he sell ali
article made in California without the label
or stamp required, be may be punished as
a criminal. And there are no means pro-
vided whereby such person may be able to
| identify articles made in this State, or to
procure and be able to exhibit with the ar
| ticle offered. the label or stamp of the
maker and the name of the place of manu-
| facture. In other words, a merchant or
other person may sell an article manufac-
| tured in any other State or country.
whether it is labeled or not, but if he sell
an article made in California, which the
| maker has failed to label or stamp as re-
| quired, he may be punished as a criminal,
unless he himself properly label or stamp
| that every person who made, or caused to
oe made, any change in the original article.
should place his label or stamp thereon
This would evidently result in numerous
stamps on the combined article, and lead
to confusion.
Second-Violations of Sections 1, 2, and
8 are declared to be crimes, irrespective of
the intent OF the person committing the
acts. No criminal intent or knowledge is
required. The personal employer, or any
officer of the corporation employer, is sub
ject to punishment under these sections by
the accidental or intentional violation by
an employe, even if such violation were
contrary to his instructions.
Third-It is provided that the Act shall
take effect within ten days. This is I'M
reasonably short. " Articles - are made
or manufactured in every household in
the State. But this law could not be pub
lished and become generally or at all
known throughout the State within that
time. Even If the Act were known at the
time of its passage, the stamps, labels,
molds, Autographs, ETC., necessary to COM
ply with it could not be obtained within
that time. Nor would any maker or
manufacturer of any article" venture to
continue work in view of Section ., until |
securing such label, stamp, ETC., and so |
would be compelled to close his business |
for that time. As to articles already man
ufactured and in the hands of dealers
throughout the State, but small portion |
could be sold within ten days. Yet by |
Section any person selling, or offering or |
exposing for sale, any of those articles after |
that time, now owned by him, or who |
should fail TO exhibit and expose with the |
article offered, the imprint, label or stamp |
of the maker, and the name of the place OF |
manufacture, would be liable to be pun
ished as criminal. In other words, the |
millions of dollars worth of articles manu- |
featured in California, on hand and I'M
stamped, could not be sold without violat- |
ing the law.
Fourth-Since the presentation of the |
bill to me, many of those who are engaged |
in the manufacturing industries in the |
State have submitted suggestions il rela-
ton to the same. Communications by |
committees and otherwise from Chambers I
of Commerce, Boards of Trade, manufact- |
urers associations, and other reputable |
representative bodies, and from a great |
many engaged in the most important in |
dustries of the State have been presented |
to me, urging objections to the Act. They |
represent that a compliance with the pro-
visions of this Act would materially in |
crease the cost of our struggling industries; |
that this cost in many articles would ex-
coed the profit now earned. and compel |
the abandonment of such manufactures, |
the withdrawal of capital from productive
industries, and the discharge of many |
working people; that this would give the |
manufacturers of other States and counties |
Ito whom this Act does not apply such an |
advantage over California manufacturers |
that they would be able to undersell and to |
occupy the home market; that it would des- |
troy large industries which at present are |
able to exist only because their products |
are permitted to be disposed of without la- |
bel or stamp TO dealers in this and other |
States and countries; that in so far as the |
expense Of labelling, stamping, etc. is in |
Cured, to that extent is cheap labor bene- |
fitted, and that such cheap labor " could |
be used in the industries now maintained, |
even after the more intelligent and skilled |
labor should have suspended /; that, in other |
words, this Act would make discrimina-
ton in favor of foreign manufactures and |
against our own; would drive capital out |
of manufacturing enterprises and out of the |
State; would deprive many working peo-
pie of employment. and drive them from /
the State; would discourage immigration i
and investment in industries in this State
They also represent that in the nature of |
many manufactures, it is impossible to |
comply with the Act at all. In others. it /
is not only useless, but absolutely iniuri- |
Gus, as, for instance. in lumber and the ar |
ticles into which it is converted, with brick, |
stone, and other primary forms of products. |
These suggestions from those for the pro-
tection Of whose interests the bill purporis |
70 be passed are entitled to much weight
Fifth-The bill implies an interference /
with the rights Of persons and property to /
AZ extent which has not, to my knowledge, /
been authorized hitherto in this country. /
Il is restraint upon the liberty of The CHI |
zen in the use of bis property. 1t does not |
purport 10 conserve the health or the safety /
Of the people. 1t has no relation TO any OF
iliose principles which justify legislative |
con roi over The individual for the peace or |
plezeryatioa Of the State. Il is not unlike |
those law 5 inch regulated the dress or the |
saHipage u the citizen u subject but
~iiich row are rot II force IN any en-
.sbtenea State. Net only s the bill sub |
es 70 Ibis ge1e-as objection, bat lis pro-
rissasis nsgaiiy tfs evils Of such esisla-
icH H. the encouragement Of spies, IN
sT1aes and aa:sehiefsuefsers, whose Gu
na}ssy. SPITE anG malice Uouia lead to stis-
sssseis and strife u every neigabc.hooa-
While greatly rsgresting that my views
tb;s bill differ rom those II your honor